Official Verdict of the Military Commission trying the Lincoln Conspirators, as endorsed by President Johnson, July 5, 1865

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Record Data

Original source:

Reprinted in T.M. Harris, Assassination of Lincoln: A History of the Great Conspiracy... (Boston, MA: American Citizen Company, 1892), 112-113.

Author (from):

The Military Commission trying the Lincoln Conspirators

Type:

Military record

Date Certainty:

Exact

Transcriber:

John Osborne, Dickinson College

Transcription date:

04/24/2015

Transcription

The following text is presented here in complete form, as it originally appeared in print. Spelling and typographical errors have been preserved as in the original.

After maturely deliberating on the evidence adduced in the case of each of the accused, the findings of the Commission were as follows : —

In the case of David E. Herold : Of the specification guilty; except " combining, confederating, and conspiring with Edward Spangler," as to which part thereof not guilty. Of the charge guilty; except the words of the charge, "combining, confederating, and conspiring with Edward Spangler," as to which not guilty. And the Commission did, therefore, sentence him, the said David E. Herold, to be hanged by the neck until he be dead, at such time and place as the President of the United States should direct, two-thirds of the Commission concurring therein.

In the case of George A. Atzerodt: After mature consideration of the evidence adduced, the Commission found the accused, of the specification guilty; except " combining, confederating, and conspiring with Edward Spangler," of this not guilty. Of the charge guilty; except " combining, confederating, and conspiring with Edward Spangler," of this not guilty. And the sentence of the Commission was that he be hanged by the neck until he be dead, at such time and place as the President of the United States might direct, two-thirds of the Commission concurring therein.

In the case of Lewis Payne, the Commission found him, of the specifications guilty; of the charge guilty; with the same exceptions as in the case of Atzerodt ; and sentenced him to be hung as above, two-thirds of the Commission concurring therein.

In the case of Mary E. Surratt, the Commission found her, of the specifications guilty, and of the charge guilty; except as to "receiving, sustaining, harboring, and concealing Samuel Arnold and Michael O'Laughlin " ; and except as to "combining, confederating, and conspiring with Edward Spangler," and of this not guilty ; and sentenced her to be hanged by the neck until she be dead, at such time and place as the President of the United States should direct, two-thirds of the Commission concurring therein.

In the case of Michael O'Laughlin, the Commission found him guilty of the specifications, except the words thereof, " And in further prosecution of the

conspiracy aforesaid, and of its murderous and treasonable purposes aforesaid, on the night of the 13th of April, A.D. 1865, at Washington City, and within the military department and military lines aforesaid, the said Michael O'Laughlin did, then and there, lie in wait for Ulysses S. Grant, then Lieutenant General and commander of the armies of the United States, with intent, then and there, to kill and murder the said Ulysses S. Grant " ; of said words not guilty. Of the charge guilty, except " combining, confederating, and conspiring with Edward Spangler " ; of this not guilty. O'Laughlin was sentenced by the Commission to be imprisoned at hard labor for life, at such place as the President might direct, two-thirds of the Commission concurring therein.

In the case of Edward Spangler, the Commission found him guilty of the charge and specifications, with exceptions similar to the above, and sentenced him to be imprisoned at hard labor for the term of six years, at such place as the President might direct, two-thirds concurring therein.

In the case of Samuel Arnold, the decision of the Commission was, that he was guilty of the charge and specifications, with exceptions similar to the above, and that he should be imprisoned for life at hard labor at such place as the President should direct, two-thirds concurring.

In the case of Samuel A. Mudd, the Commission found him guilty of the charge and specifications, with similar exceptions, as the evidence required, and sentenced him to be imprisoned at hard labor for life, as above.